---
title: "Record whether a risk meets the New South Wales obvious-risk description"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-whether-a-risk-meets-the-obvious-risk-description/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-6-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Record whether a risk meets the New South Wales obvious-risk description

> Where the lawyer says section 5F applies, record the risk and the circumstances, and leave blank whether it would have been obvious to a reasonable person in the position of the person who suffered harm.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-whether-a-risk-meets-the-obvious-risk-description/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Where the lawyer says section 5F applies, record the risk and the circumstances, and leave blank whether it would have been obvious to a reasonable person in the position of the person who suffered harm. Do not decide that question. |
| What the lawyer must review | Decide whether the risk would have been obvious to a reasonable person in that person's position A low probability, or a risk that is not prominent or physically observable, can still meet section 5F Section 5F is in Part 1A Division 4. Section 3B(2) applies that Division to a motor accident award Section 5F does not apply to work injury damages. Section 3B(1)(f) excludes those awards |
| Written for | New South Wales |
| Applies to | [Record whether a risk meets the obvious-risk description](https://ailawframework.com/practice/personal-injury-and-compensation/record-whether-a-risk-meets-the-obvious-risk-description.md) |

## Checking plan

**Verify against sources**

The table records the section 5F description only where that section applies. It does not decide whether the risk was obvious.

- What the AI does: Where the lawyer says section 5F applies, record the risk and the circumstances, and leave blank whether it would have been obvious to a reasonable person in the position of the person who suffered harm. Do not decide that question.
- What the lawyer does: Decide whether section 5F applies and whether the risk meets that description.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Apply section 5F(1): a risk that, in the circumstances, would have been obvious to a reasonable person in the position of the person who suffered harm.
2. Include a risk that is patent or a matter of common knowledge. Section 5F(2) says obvious risks include those risks.
3. Do not treat a low probability, or a risk that is not prominent, conspicuous or physically observable, as outside the description. Sections 5F(3) and 5F(4) say it can still be an obvious risk.
4. Section 3B(2)(a) applies Part 1A Division 4 to a motor accident award. Section 3B(1)(f) excludes work injury damages from the Act other than Part 1B, so do not use section 5F for those damages.

## Notes

- Sections 5G and 5H were read. They are not applied in this table. The lawyer decides any question about awareness or a duty to warn.
- If the record is later used in a submission, Practice Note SC Gen 23 requires the author to verify every citation. Verification is not done only by the tool.
- Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: A New South Wales negligence claim to which section 5F of the Civil Liability Act 2002 applies

**Deliverable**: A record of the risk and the circumstances, with the obvious-risk question left blank.

**Inputs**

- The risk and the circumstances the lawyer has identified
- The lawyer's decision on whether section 5F applies
- Any motor accident or work injury damages flag on the file

**Example**: Illustrative example: The hazard was an unmarked shallow step. The record notes that section 5F(4) can still be met where the risk was not conspicuous. It does not say the risk was obvious.

**Stop and escalate when**

- The lawyer has not said that section 5F applies.
- The claim is for work injury damages.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B and 5F](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-022) (checked 2026-10-23)
- [Supreme Court of New South Wales: Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*